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OHAUS v. CONTINENTAL CAS. INS. CO.

292 N.J. Super. 501 (1996)

679 A.2d 179

ROBERT E. OHAUS; BLAIR C. OHAUS; JAMES G. OHAUS; JOHN C. OHAUS; THOMAS C. OHAUS; DEBORAH O. CASSELBERRY AND OHAUS CORPORATION, PLAINTIFFS-APPELLANTS, v. CONTINENTAL CASUALTY INSURANCE COMPANY; EMPLOYERS INSURANCE OF WAUSAU; FEDERAL INSURANCE COMPANY; FIRST STATE INSURANCE COMPANY; INSURANCE COMPANY OF NORTH AMERICA; NEW JERSEY MANUFACTURERS INSURANCE COMPANY; NEW JERSEY PROPERTY LIABILITY INSURANCE GUARANTY ASSOCIATION; AND NORTH RIVER INSURANCE COMPANY, DEFENDANTS, AND THE TRAVELERS INDEMNITY COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1996.

Attorney(s) appearing for the Case

Thomas E. Mesevage argued the cause for appellants (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Robert D. Chesler, of counsel; Mr. Mesevage, on the brief.)

Jeffrey S. Lipkin argued the cause for respondent (Shanley & Fisher, attorneys; James M. Altieri, of counsel; Mr. Lipkin, on the brief).

Karen L. Jordan, Deputy Attorney General, argued the cause amicus curiae for State of New Jersey, Department of Environmental Protection and Energy (Deborah T. Poritz, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Jordan, on the brief amicus curiae).

Before Judges SHEBELL, STERN and NEWMAN.

The opinion of the court was delivered by SHEBELL, P.J.A.D.

On May 8, 1992, plaintiffs filed their complaint, naming various insurance companies as defendants seeking a declaratory judgment compelling their insurers to provide them, pursuant to the terms of comprehensive general liability (CGL) policies, with coverage for environmental remediation liability imposed under the Environmental Cleanup Responsibility Act ("ECRA"), L. 1983, c. 330, (now known...

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